South Africa Case Law

Lucky Star Ltd v Lucky Brands (Pty) Ltd and Others (164/2015)

Lucky Star Ltd v Lucky Brands (Pty) Ltd and Others (164/2015) [2016] ZASCA 77; 2017 (2) SA 588 (SCA); 2016 BIP 180 (SCA) (27 May 2016)

Court

Supreme Court of Appeal

Case number

164/2015

Judges

Ponnan, Petse, Swain, Dambuza, Kathree-Setiloane

The court held that the appellant failed to establish that the respondents' marks 'Lucky Fish' and 'Lucky Fish and Chips' were so similar to the appellant's registered 'Lucky Star' trade marks as to be likely to deceive or cause confusion. The dominant elements of the marks ('Star' versus 'Fish') were sufficiently distinct, and the shared use of the word 'Lucky' was of minor significance given its generic nature. The court found no likelihood of deception or confusion among consumers, even considering notional use of the registered marks. The appellant's claims under s 34(1)(a), (b), and (c)…

Source excerpt

• Trade Mark Infringement
• Likelihood Of Confusion
• Company Name Dispute
• Distinctiveness Of Marks
• Dilution Of Trade Mark
• Companies Act Section 11

National Academy of Recording Arts and Music Inc. v Africa Grammy Award (Pty) Ltd (CT001Feb2015)

National Academy of Recording Arts and Music Inc. v Africa Grammy Award (Pty) Ltd (CT001Feb2015) [2015] ZACT 59 (23 July 2015)

Court

Competition Tribunal

Case number

CT001Feb2015

Judge

K Tootla

The Tribunal found that the First Respondent's company name 'AFRICA GRAMMY AWARDS' is not identical to the Applicant's 'GRAMMY' trade mark, thus Section 11(2)(a)(iii) does not apply. However, the name is confusingly similar and likely to mislead the public into believing an association exists, contravening Sections 11(2)(b)(iii) and 11(2)(c)(i) of the Companies Act. The Tribunal emphasized that the test is whether the ordinary reasonable careful person would be confused or misled, and found that the Respondent's intent to associate with the Applicant was evident. The Tribunal does not have ju…

Source excerpt

• Company Name Dispute
• Trade Mark Confusion
• Well Known Trade Mark
• Companies Act Section 11
• Memorandum Of Incorporation

Retail Motor Industry Organisation v South African Motor Body Repairers Association NPC and Aothers (41775/2012)

Retail Motor Industry Organisation v South African Motor Body Repairers Association NPC and Aothers (41775/2012) [2013] ZAGPPHC 435 (15 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

41775/2012

Judge

Jansen

Costs-only ruling on an urgent application. The court split costs by stage, allowing two counsel only until the first answering affidavit was filed.

• Costs Award
• Trade Mark Infringement
• Defamation
• Companies Act Section 11
• Party And Party Scale
• Employment Of Two Counsel